Monday, February 20, 2006

Under the leadership of Sri Ajeet Singh president of GURIA, a well-known organization working for the upliftment of the women in prostitution and their families,volunteers of GURIA including students of Law Faculty and faculty social sciences rescued thirty seven trafficked minor poor and helpless girls at 7 p.m on 25/10/05from forced prostitution. This daring rescue operation in red light area of Shivdaspur under Police Station Manduadih was widely reported by local and National media which exalted not only the sensibility of the civilians of varanasi city but the civilians of whole nation. Ajeet Singh lodged a complaint at Manduadih Police Station and on the basis of this complaint Police Station Manduadih registered a First Information Report on 25.10.05 at 21.35 PM against Rahamat S/o Unknown, Smt. Tulsi W/o Unknown, Lallu S/o Unknown, Smt. Afjal w/o Rahmat under section 3,5,6 and 9 of PIT Act under crime no.274/2005. But afterwards it seems that just for the sake of their accountability and to save their image and hide their incompetence, Police of Manduhadih making a quick autocratic move baselessly registered eight FIRs against Ajeet Singh and his wife and others under section 394,354,342,427 of IPC under crime no. 274A/05, 274B/05, 274C/05, 274D/05, 274E/05, 274F/05, 274G/05, 274H/05.Making protest against this baseless case against Sri Ajeet Singh and his men, different social and political organizations organized Dharna, demonstration in favor of Ajeet Singh. Meanwhile Dr. Lenin of PVCHR took initiative in this respect by sending a complaint to SSP Varanasi and demanded that investigation should be carried out fairly and honestly. Further Dr. Lenin charged that the police of Manduadih Police Station had not registered the case against traffickers and brothel keepers under appropriate sections.

He demanded that sections like 342,368a,373 should be added against traffickers and brothel keepers. An application of this effect was also submitted in the court of concerning judicial magistrate of Varanasi. As a result investigation officer got the sections added during their investigation of the case and the traffickers were remanded under section 4, 8 of PTS Act along with 323,504,506,109,117,366a,373 of Indian Penal Code.

On 27.10.05 traffickers and brothel keepers were arrested and produced before concerning additional chief judicial magistrate of Varanasi and were sent to judicial custody.

On 31.10.05 a team of Human Rights Law Network sent a memorandum to principal secretary (Home) U.P. India. Through this memorandum it was demanded that the statement of 31 rescued girls should be taken under section 164 of IPC and their rehabilitation should be ensured immediately. Further demand was made to withdraw all false cases lodged aginst Ajeet singh and santwana manju.

District Administration, having compelled by demonstrations and Dharnas organized by GURIA organization, pressure from Indian and international human rights groups and taking into account the seriousness of the situation, took steps against 21 traffickers and attached the property of few perpetrators and seized their bank accounts. Rahmat ,the main accused in Ajeet singh’s FIR has also been killed in a police encounter. But inorder to fill the gap GURIA has also requested the district magistrate to seize the property of the other accused from where girls were recovered in the rescue operation.

Once again 13-11-05 GURIA came to know that some girls had been brought by means of trafficking in Red Light Area of Shivdaspur. Immediately Ajeet Singh informed the concerning officers. Police along with Ajeet and Manju raided the area and rescued 6 more trafficked minor girls and case was registered against perpetrators in which Ajeet and manju were witnesses. Rescued girls went through medical inspection. One of the rescued girl stated that she was given some toxic material mixed up with tea and she fell unconscious. When she opened her eyes, she found herself in a Hotel and was forced to go through prostitution and when she refused to do so she was beaten badly. One of the girls told that she was a resident of Baraipur, Sialdah, West Bengal and she was taken to Mumbai. Then she was sold there out in the hands of one named Jani and Jani sold her to Rahmat. She was treated badly with cudgels.

A man named Mahtab told that sakina was his daughter and submitted an application with CWC Ram Nagar enclosing therewith family register and asserted that sakina @ Sangeeta was his daughter and she should be given under the guardianship of her mother Tulsi @ Maina Bano. GURIA organization opposed it vehemently in written. After hearing the pleadings of both parties CWC ordered for DNA test to ensure the paternity of Sakina. @ Sangeeta. GURIA conducted a massive struggle against traffickers and brothel keepers and as a result of this whole society has been mobilized against forced prostitution and people have gathered momentum to fight against the perpetrators. Another girl rescued after the operation gave her statement that brothel keepers used to beat her for not to trap the customers. She told that she was assaulted with her head before 15 days. She wished that she wanted to go back to her home.

One another girl stated that she was out of her home to bring water, then a man forcefully took her to Varanasi and he sold me here for Rs. 10,000/- she was beaten by brothel keepers often very badly. She wished that she wanted to go back to her grand mother.

Many other victim girls also told their stories of miseries.

In the course of our case it has come to the light that statements of the six minor girls rescued on the 13/11/05 was not taken by the police under section 164 CRPC- the benefit of which is being taken by the accused.

What has caused great concern among the activists and civil society is that the eight fake criminal cases against Ajeet singh and santwana manju have not yet been expunged by the police which will become a tool for harassment by the police and other powerful antisocial elements in the trafficking racket as days pass.On the other hand threat on the lives of Ajeet and santwana manju from criminals of the flesh trade is quite evident from the continued opposition by GURIA at all levels to ensure CONVICTION.

In a retaliatory move, after the rescue operation, varanasi police in the guise of operation “dry out” has cordoned off the area. This has led to virtual starvation and revictimisation of the women and children against the spirit of the ITP ACT 1956 .Therefore GURIA has been running a regular kitchen for almost three months for most of the women and children in the red light area of shivdaspur. Rather , as per the spirit of the ITP ACT the police should try to correctly implement the Act and arrest traffickers, brothel keepers, help end child prostitution, create exploitation free environment for the women who wish to continue in the absence of options and security to the children to avoid second generation prostitution.Under such circumstances about 115 women have requested Guria in writing to help them in this crisis.

The central advisory committee on child prostitution, under the chairmanship of secretary ,department of women and child development,H.R.D. Ministry, Govt. of India organized the above meeting on 1st dec 2005 in which N.H.R.C, N.C.W., Secretaries and police officers of Various State Governments, Addl. Diretor General of Police, U.P, secretary department of women and child development,govt. of UP, C.B.I., Guria’s President and others took part. The rescue operation of Guria was on the main Agenda.After the presentation by the state governmet of UP on the guria’s rescue operation the Committee unanimously pulled up the U.P Govt. for its inaction and supported the action of Guria along with the civil society. The committee very clearly spelled out that further revictimisation of the women should be avoided at any cost.

Lastly it is worth mentioning that no action has been initiated against policemen who were responsible for such a heinous crime in their jurisdiction.

The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee for Human Rights (PVCHR), a local human rights group working in Uttar Pradesh, India, regarding the gang rape of a young woman. The woman belonged to the Nut Community (a scheduled tribe) in Sirsi village, Chandauli District, Uttar Pradesh. She was gang raped by four men from the upper caste Hindu Community on 14 January 2006. According to the latest information we have received, the Chandauli police have delayed the arrest of the perpetrators who, after an unreasonably long length of time were finally arrested. The victim and her family are afraid that they will face intimidation from the Indian community around them because the perpetrators are from an influential upper caste community in the area. Seven families comprising of 35 individuals belonging to the Nut Community, reside at Sirsi Village, Chandauli District, Uttar Pradesh, India. The Nut Community are one of the most marginalized tribe communities in Indian society and they have been living in this village for generations. At 1:00am on 14 January 2006, four men namely Pankaj Singh, Barsati Singh, Pintu Singh and Ghutau Singh from near Hinauti Village came to Sirsi Village and attacked a family residing in the Nut Community. The four men brutally assaulted family members and chased them away from the house, leaving one member of the family; Ms. X (aged 22) alone in the house. The four men then forcibly took her to the pulse plants field, 1 kilometer away from her house, where they gang raped her for three hours. When the victim fell unconscious, they threw her onto a nearby railway line and left Sirsi Village..

In the early hours of the same day, an old woman living in Sirsi village found the victim lying on the railway line and informed this discovery to other villagers. The victim's family reported the incident to the Chandauli Police Station and lodged a First Information Report (FIR) against the four perpetrators under Section 376 Indian Penal Code and under Section 3(2) and 5 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989.

However, the police delayed taking any action into this case or arresting the perpetrators. They only arrested the perpetrators over 40 hours later because of pressure from the Nut Community. The four perpetrators are members of the Singh Community, which are feudal landlords and have huge influence over the village.

In such cases of abuse by the Singh Community, it is common in India that the victims, who are mostly from the poorest sectors in society, are pressured by the perpetrators to withdraw their complaints against them. In particular, when the perpetrators belong to an upper Hindu Community, the victims face even more serious intimidation and pressure. In many cases, if they refuse to withdraw their complaints, they are forced to leave their place of residence. Due to this, the victim and her family are afraid that they will face similar problems as described above.

The Nut Community members in Sirsi Village live in very poor conditions and have to make their living by begging. They live in small huts without roofs and do not own any land. The land where the Nut Community have lived for generations is owned by the government (Gram Samaj). Section 122 B (f) of the Uttar Pradesh Zimindari Abolition and Land Reforms Act 1950 guarantees the people legal ownership over the land if they have resided on it for over 22 years. However, such rights of the Nut Community members have never been realized. It is also reported that there are 14 children who are all under the age of 14 but do not go to school and many families do not have ration cards despite their dreadful living conditions.

ADDITIONAL INFORMATION:

The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act of 1989 has been established for the purpose of giving special protection to marginalized communities in India. However, it has no meaning in Uttar Pradesh because the district administration, particularly the local police do not care for the tribal communities and thus have failed to implement the law. The police also conspire with influential persons within the district who exploit the tribal communities. Urgent action is required to pressurize the local authorities to take strict action according to the SC/ST Act 1989 so that the perpetrators are punished accordingly and the victim is adequately compensated.

SUGGESTED ACTION:Please write to the authorities listed below and urge them to prosecute the perpetrators by strictly implementing the SC/ST Act 1989 in this case. Please also urge the relevant authorities to ensure that the victim and her family receive adequate compensation and protection from the alleged perpetrators.

Sample letter:

Dear _________,

INDIA: Gang rape of a tribal woman by upper caste men in Uttar Pradesh

Name of victim: Ms. X (name withheld), aged 22, resident of Sirsi Village, Chandauli District, Uttar Pradesh, India, belongs to the Nut CommunityName of alleged perpetrators: 1. Pankaj Singh, son of Brahma Singh2. Barsati Singh, son of Ramvilas Singh3. Pintu Singh, son of Mahesh Singh4. Ghutau Singh, son of Bharat SinghAll reside in Hinauti Village, Chandauli Police Station, Chandauli District, Uttar Pradesh, India Date of incident: Early morning of 14 January 2006Place of incident: Pulse plants field 1 kilometer away from the victim's house in Sirsi VillagePolice station the case was reported: Chandauli Police Station

I am writing to voice my deep concern regarding a gang rape of a young woman belonging to the Nut Community (a scheduled tribe) by four men from the upper caste Hindu Community, which took place in Sirsi village, Chandauli District, Uttar Pradesh on 14 January 2006. According to the information I have received, the four men approached the victim's house and severely assaulted her family members. They then dragged the victim to a pulse plants field 1 kilometer away from her house and gang raped her for three hours. The victim's family lodged a First Information Report (FIR) under Section 376 Indian Penal Code as well as under Section 3(2) and 5 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 against the above named perpetrators at the Chandauli Police Station.

I was also informed that the Chandauli police have unreasonably delayed the arrest of the perpetrators; 40 hours after the incident of rape had occurred and the police had still not arrested anyone of the perpetrators. Although the perpetrators were finally arrested, I have doubts over whether the police have the will to pursue the action against the perpetrators. In many similar cases, a common incidence is that the victims are forced to withdraw their complaints due to the serious intimidation and threats made by the perpetrators. The local police do not care about the tribal community and fail to implement the laws that are supposed to protect such communities. Instead, the police conspire with those who try to exploit the tribal communities. Even the SC/ST Act 1989, which gives special protection to marginalized communities, does very little to alter the status of these people.

I therefore strongly urge you to ensure that the perpetrators are prosecuted under the SC/ST Act 1989 and receive a proper punishment. The victim should also receive adequate compensation under this Act. I also urge you to take proper action to protect the victim and her family from the intimidation by the perpetrators. I want to remind you that there are currently no remedies available for the victim and her family and this is aggravated by the fact that there is no effective system of witness protection to ensure the security of the victims. I further urge the Government of India to strictly implement the SC/ST Act in order to eliminate the violence against the marginalized communities in the country.

[Re: HA-23-2005: INDIA: Villagers exploited by employment in slave like conditions due to lack of food and terrible living conditions]--------------------------------------------------------------------- HU-01-2006: UPDATE (India): Basic assistance provided by government insufficient in maintaining the livelihoods of indigenous quarry workers in Mirzapur District, Uttar Pradesh

The Asian Human Rights Commission (AHRC) has received further information from the People’s Vigilance Committee for Human Rights (PVCHR) regarding the current situation and conditions of quarry labourers living in the Mirzapur District. The AHRC previously reported that the labourers, who are from Chamar tribal community in Kodwari Village, were forced to work at the quarries due to abject poverty and the lack of an alternative source of livelihood. Furthermore, it was reported that a major lorry accident had resulted in four deaths and 22 injuries.

Recently, the District Magistrate of Mirzapur and other officials visited the village to gather information and assess the needs of the community. Some immediate assistance was provided to the victims, particularly to address their food concerns. However, given the dire situation in the village itself, the assistance given was too basic to provide any rehabilitation or lasting support to the quarry workers, who only wish to be self-sufficient. The AHRC urges you to write letters to relative officials pressing them to ensure that adequate and sufficient assistance is provided to the villagers and that further steps are taken to ensure that the victims can provide for their livelihoods.

On September 24, 2005 the District Magistrate (DM) of Mirzapur, Mr. Umesh Kumar Mittal, and the Sub Divisional Magistrate (SDM) visited the Kodwari village, under direction from the National Human Rights Commission, to meet with the victims and discuss their concerns. Soon after their visit, 95 AAY (Anthyodaya Anna Yojana) cards, given to families living below the poverty line, and 10 Annapurna cards (ration cards for senior citizens) were distributed among the villagers. Twenty-five families were also given Rs. 800 each to build houses and two families were promised Rs. 5,000 in compensation. The village was also visited by the Circle Officer and SHO (Station House Officer) of Police. Subsequently, after their visit, the Public Distribution Shops in the area were reviewed and the shops are now open regularly, finally providing rations to those who have cards.

While some assistance has been provided, this however has been insufficient in providing any long-term benefit to the victims. Currently, the village has no irrigation system or wells and must rely on rainwater to irrigate the agricultural land. Furthermore, women and children also suffer greatly from the situation in the village. Because of the severe lack of food and employment opportunities in the community, women have an even smaller number of work options. An Integrated Children Development Services (ICDS) center also does not exist in the area, which is a direct violation of the Supreme Court civil writ No. 196/2001 (PUCL vs. Union of India). Thus, children do not benefit from Mid-Day meals or have the opportunity to attend school, and child-care services are not provided for families where the adults must work.

Finally, it was earlier demanded that Rs. 100,000 should be given to all persons who died in the stone quarry accident on July 10, 2005. Additionally, Rs. 25,000 must be given to all those injured in the accident. However to date, no compensation in this form has been provided to any of the victims or victims’ families.

BRIEF HISTORY OF CASE:

The villagers, who have been working in slave-like conditions as quarry workers, are driven to work in dangerous situations due to the severe lack of food. Even with the work, discriminatory practices by their bosses ensure that the labourers and their families continue to live in terrible conditions. In the most recent past, a tragic accident cost the lives of several workers, and no compensation or medical care was offered to the victims. Please see HA-23-2005 for a detailed background on the living and work conditions of the villagers in this case.

SUGGESTED ACTION:

Please send a letter to the officials addressed below and urge them to take more steps to provide rehabilitation and compensation to starvation victims in Mirzapur. In particular, many long-term programmes and schemes must be implemented in order to allow the villagers to provide for their own livelihoods.

I was recently updated as to the current status and situation of the stone quarry workers and villagers residing in Kodwari Village, Chunar. I was informed that on September 24, 2005 District Magistrate Umesh Kumar Mittal and the Sub Divisional Magistrate of Mirzapur visited the village to conduct an inquiry under the direction of the National Human Rights Commission. Subsequent to their visit, 95 AAY (Anthyodaya Anna Yojana) cards, given to families living below the poverty line, and 10 Annapurna cards (ration cards for senior citizens) were distributed among the villagers. Twenty-five families were also given Rs. 800 each to build houses and two families were promised Rs. 5,000 in compensation. I was also informed that the Public Distribution Shops in the area became regularized after a recent visit by the Circle Officer and SHO (Station House Officer) of Police, which now allows the villagers who hold ration cards access to food.

While I acknowledge the efforts made by the local administration to provide immediate relief to the victims of hunger in the village, I am still deeply concerned about the dire conditions that exist. Currently, no alternative means of employment have been provided to the villagers, in particular, to women and those who were injured in the recent stone quarry accidents. Additionally, no irrigation system exists to water the agricultural land in the village. Access to water must be provided to the victims, and as Mirzapur is one of the districts under the National Rural Employment Guarantee Act, 2005, a feasible option would be to employ the villagers themselves to dig wells in Kodwari. Stone quarry and alternative job opportunities must also provided to women and others in the village. Together, with the ration cards already provided, this will allow for the villagers to maintain their own livelihoods.

Additionally, children are also suffering greatly and do not have access to basic necessities such as education and child-care. Integrated Children Development Services (ICDS) centers should be provided in all rural areas under the Supreme Court ruling in the PULC vs. Union of India case (No. 196/2001), allowing for children to be educated and taken care of while their parents work. At present, no ICDS center exists and therefore, a primary school and at least two ICDS centers need be started in the community, where Mid-day meals can be provided to all children to ensure they are receiving a sufficient amount of nutritious food.

Finally, it has come to my notice that several of the concerns brought up by victims and families of the people deceased in the stone quarry accident on July 10, 2005 have not been addressed. In July, several villagers were made to work digging the quarry and loading up a lorry with stones. The driver of the lorry was drunk and consequently 22 people were injured and four were killed. A request was made that compensation of Rs. 25,000 and medical care be provided to each victim injured, and Rs. 100,000 be provided to families who had lost a loved one. This compensation must be provided to the victims, many of whom cannot work and take care of their families.

I urge you to take immediate steps in addressing these issues and to ensure that the villagers in Kodwari receive the proper assistance needed to sustain their livelihoods in the long-run. This includes the access to water, food, alternative means of employment, housing and education for the children. I also hope that those who were affected by the stone quarry accident receive compensation without further delay.